09 april 2021 
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Core International Crimes Update (01-03/21)

Core International Crimes Update (01-03/21)

This month:

  • Australia
  • Bosnia
  • China
  • France
  • Germany
  • EU sanctions
  • South-Korea
  • International Criminal Court
  • Lebanon Tribunal

Australia

On 4 January, the Office of the Special Investigator was established. It will assess and examine the findings of the Afghanistan Inquiry on rumours and allegations relating to the conduct of Australia’s Special Forces in Afghanistan between 2005 and 2016. The office will address the potential criminal matters and investigate allegations, gather evidence and where appropriate, refer cases to the prosecutor.

Bosnia

A new research maps more than 600 detention camps, prisons or other jail facilities that operated during the 1992-95 war in Bosnia and Herzegovina. The research was conducted by the NGO’s Transitional Justice, Responsibility and Memory in Bosnia and Herzegovina and the Centre for Democracy and Transitional Justice.

China

On 25 February, the Dutch parliament passed a non-binding motion stipulating that the treatment of the Uyghur Muslim minority in China amounts to genocide. The move followed a similar non-binding motion that was adopted by the Canadian parliament, as well as the official stance of the United States.

EU Global Human Rights Regime

  • On 2 March, the EU imposed sanctions on four Russian officials, a move in response to the jailing of Alexei Navalny. Navalny was arrested in January on his return from Germany following treatment for poisoning with a military-grade nerve agent. He was jailed on Feb. 2 for parole violations on what he says were politically motivated charges;
  • On 22 March, the EU imposed restrictive measures on eleven individuals and four entities responsible for serious human rights violations and abuses in various countries around the world. The sanctions signal the EU’s strong determination to stand up for human rights and to take tangible action against those responsible for violations and abuses. The sanctions target the large-scale arbitrary detentions of Uyghurs in Xinjiang in China, repression in the Democratic People’s Republic of Korea, extrajudicial killings and enforced disappearances in Libya, torture and repression against LGBTI persons and political opponents in Chechnya in Russia, and torture, extrajudicial, summary or arbitrary executions and killings in South Sudan and Eritrea. The listed individuals and entities are subject to an asset freeze in the EU. In addition, listed individuals are subject to a travel ban to the EU. Moreover, persons and entities in the EU are prohibited from making funds available, either directly or indirectly, to those listed.

France

  • In France, lawyers representing survivors of a chemical weapons attack in 2013 in Syria have filed a criminal complaint against Syrian officials. Investigating judges in France have a mandate to determine whether crimes against humanity were committed anywhere in the world. Earlier, a similar complaint was filed in Germany. A UN investigation to identify those behind chemical weapons attacks in Syria concluded in 2016 that Syrian government forces had used chlorine and sarin gas;
  • A report by French historians has been released on the French role with regard to the 1994 Rwanda genocide. Though no evidence was found of complicity, the report emphasises that the French government had been blind to the genocide preparations. The report also addresses the French role in letting perpetrators flee to the neighbouring DRC. The report was written after president Macron ordered it 2 years ago and permitted the researchers to gain access to presidential, diplomatic, military and intelligence archives.

Germany

On 28 January, a German court ruled that foreign soldiers are not protected from prosecution for war crimes in Germany and that they cannot invoke a right to immunity. The case is likely to have far-reaching repercussions in other proceedings.

International Criminal Court

  • On 12 February, Karim Khan was elected new prosecutor of the ICC. His term will begin in June 2021;
  • Also on 12 February, the ICC prosecutor referred to the conviction of Lubanga, Ntagaganda and Ongwen as she made a statement on the International Day against the Use of Child Soldiers:

“Children have themselves played an active and crucial role at the ICC. Their powerful presence in our work, as victims and witnesses, reminds us daily that there should be no place for children in war. Their voices and stories of unspeakable abuses must not go unheard, and the law must respond to their plight in a manner that has their best interests foremost in mind.”

  • On 22 February, the ICC prosecutor met with the EU Foreign Affairs ministers. She provided an overview of her recent activities and discussed the challenges facing the court, from severe resource constraints to coercive measures, threats and pressure placed on its independent and crucial mandate. She stated:

“we are at a defining moment in the history of international criminal justice. We either stand firm with conviction in the defence of the Rome Statute and ensure the Court’s long term success for the benefit of humanity, or we allow the whims and winds of politics of the day to chip away at the hard-earned progress made towards greater accountability for atrocity crimes. We must continue to work for the victims of atrocity crimes who look to the Court as a last beacon of hope for justice.”

South Korea

On 8 January, a South Korean court ordered Japan to financially compensate 12 South Korean women for forced work as sex slaves for Japanese troops during World War II. The court ruled the Japanese government must give $91,360 each to the 12 aging victims, of which 7 have died while waiting for the ruling.

Lebanon Tribunal

On 25 January, the UN extended its mandate from 1 March 2021 for either a further period of two years, or until the completion of the cases or the exhaustion of available funds.